The Cleveland County District Attorney Greg Mashburn said he has reviewed all the evidence, including witness accounts, and dashcam video from the Trooper Joe Kimmons’ patrol car and said Kimmons was justified in using force.

OHP said on the morning of Sunday Sept. 22, a road-rage incident on Interstate-35 lead to the arrest of 16-year-old Miguel Spencer. OHP said Kimmons stopped Spencer, along with two passengers, about 3 miles from where the original incident occurred. Investigators said Spencer refused to cooperate during questioning. He also began a physical altercation with a game warden, who stopped to help Kimmons, by reaching for the warden's gun.

In an interview with KOCO two days after the shooting, Spencer claimed he did not have any physical altercation with Kimmons or the game warden, but the dashcam audio indicates otherwise.

Mashburn said the audio, along with witness accounts, proved Spencer “fighting with both officers and was able to use several wrestling techniques to disengage from the officers' grasp.” He said the game warden “immediately feared for his life and Trooper Kimmons’ life and believed that (Spencer) was trying to get his gun and kill one or both of them."

Mashburn said charges against the teen may be filed, but he cannot comment further.